TITLE Rajput (Barad) Ranjeetsinh Agarsinh Versus State of Gujarat
Decided On September 21, 2023
16783 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
The applicant accused has requested release on anticipatory bail in the event of his arrest in connection with the for the offences punishable under Sections 3007, 324, 323, 506 (2), 143, 147, 148, and 149 of the Penal Code, 1860, as well as Section 135(1) of the Gujarat Police Act through the present application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that he has been wrongly implicated in the crime and that he has nothing to do with it. It is claimed that a dispute between neighbours led to a fight between women; however, the current applicant has been charged under section 149 of the IPC. The applicant was not even present at the scene of the incident, and he has not participated in the incident in any way or dealt any blows. Furthermore, the victim is no longer in danger, and there is nothing left to recover or learn about the current applicant, so a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. Given the foregoing, anticipatory bail may be granted to the applicant.
COURT ANALYSIS AND DECISION
Additional public prosecutor representing the respondent in court: Given the seriousness and nature of the offence, the state has opposed the granting of anticipatory bail. He claimed that the current applicant had assaulted the victim and violated section 149 of the IPC. The victim had injuries from a knife blow, and as the investigation was in its early stages, an incarcerated interrogation of the applicant was necessary. A thorough review of the evidence and in-depth justifications for the case’s merits at the time of granting bail should be avoided because they could harm the accused. The following factors have been taken into account.
(1) The applicant has not committed any overt acts;
(2) The applicant has not struck the victim;
(3) The victim is not in danger;
(4) Nothing has been recovered or found from the applicant;
(5) The offence is not punishable by life in prison or the death penalty;
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Written by- Steffi Desousa